Texas 2023 - 88th Regular

Texas House Bill HB1998

Filed
2/7/23  
Out of House Committee
4/20/23  
Voted on by House
5/12/23  
Out of Senate Committee
5/21/23  
Voted on by Senate
5/24/23  
Governor Action
6/13/23  

Caption

Relating to the regulation of physicians, the disciplinary authority of the Texas Medical Board, and the administration of the Texas Physician Health Program; increasing a criminal penalty; imposing a surcharge.

Impact

This legislation, which takes effect on September 1, 2023, represents a pivotal shift in the regulatory landscape for physicians in Texas. By implementing stricter disclosure requirements for disciplinary actions and mandating a thorough review process involving expert physician panels, HB1998 strengthens the authority of the Texas Medical Board. The bill not only introduces increased penalties for breaches but also institutes a surcharge on physician licensing fees to support the administration of the Texas Physician Health Program. This financial provision is intended to bolster efforts aimed at monitoring and supporting physicians who may be struggling with substance abuse or other health issues.

Summary

House Bill 1998, sponsored by Representative Julie Johnson, focuses on enhancing transparency in the disciplinary actions of physicians across Texas. The bill aims to amend existing statutes governing the Texas Medical Board, which were perceived to have significant loopholes that allowed licensed physicians to evade disclosing disciplinary actions, especially during transitions between hospitals or when moving from other states. By closing these loopholes, the bill seeks to safeguard patient safety and ensure that physicians uphold a standard of care that protects the lives of Texas residents.

Sentiment

The general sentiment around HB1998 appears to be predominantly positive among proponents, who emphasize the importance of transparency and accountability in the medical profession. Supporters argue that by enforcing stricter disclosure requirements, the state can mitigate risks to patients and ensure better healthcare outcomes. Conversely, some critics raise concerns about the potential administrative burden this law may impose on healthcare providers, asserting that added regulations might deter qualified physicians from practicing in Texas or lead to increased costs in healthcare delivery.

Contention

Key points of contention include the balance between enhancing regulatory oversight and preserving the operational integrity of medical practices in Texas. While supporters of the bill advocate for its potential to protect public health and enhance trust in medical professionals, opponents highlight the fear of excessive regulation that may inadvertently impair the healthcare system. The debate also centers on the delicate nature of physician privacy during investigative processes and the implications of public disclosure of disciplinary actions, which can affect a physician's reputation and practice.

Texas Constitutional Statutes Affected

Occupations Code

  • Chapter 153. Powers And Duties
    • Section: 055
    • Section: 055
  • Chapter 154. Public Interest Information And Complaint Procedures
    • Section: New Section
    • Section: 006
    • Section: 056
    • Section: 006
  • Chapter 156. Registration Of Physicians
    • Section: 0015
    • Section: 0015
  • Chapter 165. Penalties
    • Section: 154
    • Section: 154
  • Chapter 160. Report And Confidentiality Requirements
    • Section: New Section
    • Section: New Section
  • Chapter 164. Disciplinary Actions And Procedures
    • Section: 051

Companion Bills

No companion bills found.

Previously Filed As

TX HB4255

Relating to the regulation of physicians and the disciplinary authority of the Texas Medical Board.

Similar Bills

TX HB2098

Relating to the authority of physicians and physician assistants to form certain entities.

NV AB170

Providing for the licensure of associate physicians and associate osteopathic physicians. (BDR 54-840)

TX HB4352

Relating to the scope of practice of physician assistants.

NM HB267

Physician Assistants Supervising Others

OK HB2051

Practice of medicine; creating the Supervised Physicians Act; terms; scope of practice; supervision requirements; State Board of Medical Licensure and Supervision; rules; licensure; penalties; collaborative practice arrangement; disciplinary actions; reporting; certification course; effective date.

TX SB1331

Relating to the creation of the Texas Physician Health Program.

TX HB2556

Relating to the licensing and regulation of physician graduates and the authority of an insured to select a physician graduate under the insured's health insurance policy; requiring an occupational license; authorizing fees.

TX HB1685

Relating to the licensing and regulation of physician graduates and the authority of an insured to select a physician graduate under the insured's health insurance policy; requiring an occupational license; authorizing fees.